NC gets plough, SC orders fresh notification for LAHDC elections
Satya Prakash
New Delhi, September 6
The Supreme Court on Wednesday set aside the August 5 notification issued by the Union Territory of Ladakh for the September 10 Ladakh Autonomous Hill Development Council (LAHDC) elections in the Kargil region.
“The entire election process, initiated… by the Administration of Union Territory of Ladakh, Election Department, UT Secretariat, Ladakh… dated 05.08.2023 stands set aside,” a Bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah said, pronouncing the verdict on the issue of denial of the ‘plough’ symbol to Jammu and Kashmir National Conference (JKNC).
The Bench – which had reserved its order on September 1 after hearing counsel representing the Ladakh Administration, JKNC and others – said “R1 (JKNC) is declared entitled to the exclusive allotment of the Plough symbol for candidates proposed to be put up by it.”
“A fresh Notification shall be issued within seven days from today for elections to constitute the 5th Ladakh Autonomous Hill Development Council, Kargil,” the top court directed.
Highlighting the serious consequence the UT Administration’s decision, it said JKNC’s identity as a political party was eclipsed, right before the election to the LAHDC, where it was the incumbent party in power.
Deprecating the conduct by authorities, the top court dismissed the Ladakh UT Administration’s petition, saying it needed to nip in the bud any attempted misadventure by them. The verdict came on Ladakh Administration’s petition challenging the Jammu & Kashmir & Ladakh High Court’s direction to notify the ‘plough’ symbol for JKNC.
The Bench — which had earlier refused to stay the high court’s order – also imposed a cost of Rs 1 lakh on the Ladakh Administration.
On behalf of the Ladakh Administration, Additional Solicitor General KM Natraj had submitted that the Election Symbol Order, 1968 was applicable to assembly and parliamentary polls and not local body elections.
None of the 89 candidates purportedly belonging to JKNC sought allocation of ‘plough’ symbol for the ensuing local body polls, he had said.
Noting that the reserved election symbols were allocated to recognised national political parties, Natraj had submitted that the poll panel was under no obligation to allot reserved symbols to the candidates and that the poll process can’t be stalled.
Terms situation ‘unprecedented’
Terming the situation as “unprecedented”, the Bench said, “With a sense of anguish, it would not be wrong to say that the instant judgment has been invited upon themselves by the Appellants (Ladakh Administration). The orders of the High Court, in our considered opinion, were in aid of the electoral process, and no fault can be found therewith.”
